Cline v. Kresa-Reahl

WORKMAN, Justice:

Petitioner, Loretta Cline, Executrix of the Estate of Henry Cline, appeals from the circuit court’s dismissal of her complaint pursuant to West Virginia Rule of Civil Procedure 12(b)(1) and 12(b)(6). In her complaint, petitioner alleges, in part, that respondent, Dr. Kiren Jean Kresa-Reahl, negligently failed to advise her decedent of the availability of certain medications to treat his stroke. Prior to filing her complaint, petitioner refused to provide a presuit screening certificate of merit pursuant to the pre-suit requirements of the Medical Professional Liability Act,…